HomeMy WebLinkAboutFIVE OAKS VILLAGE AT CUNNINGHAM CORNER AMENDED PUD TRACTS B AND C - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-30DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of S' -1 " ar ,
A.D. 198,� by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and METCALF, LTD., a
Colorado limited partnership, hereinafter referred to as "the Developer,"
WITNESSETH`.
WHEREAS, the Developer is the owner of certain property situate in
the County of Larimer, State of Colorado, and legally described as
follows, to -wit:
Five Oaks at Cunningham Corner, a planned unit development,
located in the Southwest Quarter of the Southwest Quarter of
Section 26, Township 7 North, Range 69 West of the 6th P.M., being
a replat of portions of Blocks 1, 2 and 3 of Cunningham Corner, a
planned unit development, and Tract "D" of Chestnut Village at
Cunningham Corner, a planned unit development, City of Fort
Collins, Larimer County, Colorado.
WHEREAS, the developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer and made a part hereof
by reference: and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is on file in the office of the City
Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain
improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan
METCALF, LTD., a Colorado limited
partnership,
By: SIBBALD/LUSTIG, a Colorado
corporation, General Partner
omas R. Sibbald, President
ATTEST:
(Corporate Seal)
ono d ust�g, �' cretary�'y
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EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
See paragraph 2.C.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.B.
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EXHIBIT "B"
nns tte
The Development Agreement for Five Oaks Village at Cunningham Corner.
COST ESTIMATE FOR MAJOR'DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an
adopted basin master plan.
ITEM "DESCRIPTION " ' QUANTITY " 'UNIT COST " " TOTAL 'COST
1. Channel excavation, detention
pond excavation and riprap
(a) Channel striping and 1,225 C.Y. $ 1.50/C.Y. $ 1,837.50
excavation
(b) Topsoil Replace - 4" deep 325 C.Y. $ 2.00/C.Y. $ 650.00
Sub -Total $'7,487.50
2. Professional Design
(a) TS&T Engineers, Fort Collins Lump Sum $ "2',300.00
3. Other
(a) Construction staking $ 950.00
(b) Construction Administration $ 1,500.00
Sub -Total $' '2,450:00
SUB -TOTAL Items 1 through 3 $ "7',237.50
10% CONTINGENCY $—T=
Total estimated cost of Storm Drainage improvements
eligible for credit or City Repayment
2.
3.
4
EXHIBIT B - Page 2
EXHIBIT "B"
site
The Development Agreement for Five Oaks Village at Cunningham Corner.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an
adopted basin master plan.
ITEM
1. Storm sewer, manholes, end
sections, etc.
(a) 36" RCP
(b) 36" Flared end section
Sub -Total
Channel excavation, detention
pond excavation and riprap
(a) Channel striping and
excavation
(b) Topsoil Replace - 4" deep
(c) Riprap
Sub -Total
Professional Design
(a) TS&T Engineers, Fort Collins
Other
(a) Construction staking
Cunningham Corner
(b) Construction Administration
(c) Hydro -seed with native
grass
DESCRIPTION QUANTITY UNIT COST " TOTAL COST
168 L.F. $ 80.00/L.F, $ 13,440.00
2 Ea. $650.00/L.F. $ 1,300.00
$ 14,740.00
2500 C.Y. $ 1.50/C.Y. $ 3,750.00
425 C.Y. $ 2.00/C.Y, $ 850.00
100 C.Y. $50.00/C.Y, $ 5,000.00
$ 9,600.00
Lump Sum $' 4,500.00
$ 950.00
$ 1,500.00
30,000 S.F. $ 0.25/S.F. $ 7,500.00
EXHIBIT B - Page 3
(d) Yard replacement @ Lot 1, Block 4, $ 3,000.00
Foothills Park P.U.D.
(e) Curb, Gutter, Sidewalk & Asphalt Replacement $ 2,000.00
Sub -Total $ 14',950:00
SUB -TOTAL Items 1 through 4 $ 431790.'00
10% CONTINGENCY 4.379.00
Total estimated cost of Storm Drainage improvements
eligible for City Repayment $ 48,169.00
Five Oaks Village
at Cunningham Corner
Amendment Agreement No.1
THIS AGREEMENT, made and entered into this zy�day
19£?& by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation ("City"), and METCALF, LTD., a Colorado limited partnership,
("Developer").
WHEREAS, the City previously executed a Development Agreement with
Metcalf, Ltd., dated on or about the 23rd day of September, 1985; and
WHEREAS, the parties hereto are desirous of modifying the original
Development Agreement referred to above; and
NOW TFEREFORE, in consideration of the mutual promises of the parties
hereto; and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
The following language is added to the abovementioned Development Agreement
as Paragraph 2.D. thereof;
L.D. The Developer agrees to maintain in perpetuity the landscaping
adjacent to the pedestrian access sidewalk to be constructed within
the pedestrian access easement which is to be retained after the City
has vacated the right-of-way for Windmill Drive in Woodwest Seventh
Filing.
Except as herein amended or modified, the Development Agreement shall
continue in full force and effect. This Agreement and the Development
Agreement constitutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first written.
CITY OF FORT COLLINS
a municipal corporation
By
City Manager
ATTEST:
City Clerk
APPROVEAS TO FORM:
Ci�y"A orne.y�
City vgineer
METCALF, LTD, a Colorado limited
partnership
By: SIBBALD/LUSTIG, a Colorado
corporation, General partner
`7M
T omas� dd, Pry
ATTEST:
(Corporate Seal)
l/
Ronald L. Lustig, Se retary��
Five Oaks at Cunningham Corner, P.U.D.
Amendment Agreement No.2
THIS AMENDMENT AGREEMENT, is made and entered into this 10f_11 day of
fobeY 1986„ by and between the CITY OF FORT COLLINS, COLORADO, a munic-
ipal corporation ("City"), and METCALF, LTD., a Colorado general partner-
ship ("Developer"), is an amendment to that certain Development Agreement
dated the 23rd of September, A.D. 1985, by and between the City and MET -
CALF, LTD., (the "Development Agreement").
WHEREAS, the parties hereto previously executed a Development Agree-
ment on September 23, 1985, which aqreement was modified in part by an
Amendment Agreement No.l, dated February 26, 1986; and
WHEREAS, the parties are presently desirous of modifying the original
Development Agreement and Amendment No. 1 referred to above.
NOW THEREFORE, in consideration of the initial promises of the
parties hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
Paragraph C of section 2, "Special Conditions" under the
subheading of "Streets" in the original Development Agree-
ment is amended in its entirety to provide as follows:
C. Streets.
( i ) Prior to the issuance of more than 9 building permits
in Tract A, and prior to the issuance of any building per-
mits in tracts B and C of the Five Oaks at Cunningham Cor-
ner P.U.D., or June 1, 1987, whichever shall first occur,
the Developer shall :
(1) Remove all existing improvements and structures
within said vacated right-of-way (this includes all
asphalt, concrete, and base material).
(2) Construct the curb, gutter and sidewalk along
Gunnison Drive in conformance with plans on file in
the City Engineer's Office.
(3) Landscape the said property with approved fill
to match the existing grade of adjacent property to
the east and west, and plant an acceptable ground
cover.
(4) Construct the pedestrian access from Gunnison
Drive south to the property line and install all
landscaping required by the City, as shown on the
landscape plan attached hereto as Exhibit "A".
All costs involved shall be borne by the Developer. Con-
struction must begin no later than April 1, 1987.
( i i ) Until such time that all improvements as described
above are in place and approved by the City, the Developer
shall indemnify and save the City, and the owners of lot
27, block 17, and lot 1, block 20 of Westwood Seventh Fil-
ing, harmless from any claims, actions, damages or inju-
ries, howsoever caused, direct or indirect, incidental or
consequential, arising out of any acts or omissions of any
parties, persons, organizations or corporations, howsoever
constituted, except acts or omission of the City and said
owners, occurring on or related to the said vacated prop-
erty, as described in Ordinance No. 27,1986, of the Council
of the City of Fort Collins. It is the intent of the
parties hereto that the property owners of said lots are to
be construed as third party beneficiaries of this indemni-
fication.
Except as herein amended or modified, the Development
Agreement dated September, 23rd, 1985, and Amendment No. 1 dated
February 26, 1986 shall continue in full force and effect. This
Agreement, Amendment No. 1, and the Development Agreement consti-
tutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first written.
CITY OF FORT COLLINS
a municipal corporation
ATTEST:
My Clerk
RCPTN # 85056218 11/01/85 14:28:33 # OF PAGES - 1 FEE -
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
NOTICE
Please take notice that on September 25, 1985, the Planning and Zoning
Board of the City of Fort Collins, Colorado, approved the Final Plan known
as Five Oaks Village at Cunningham Corners, PUD , which development was
submitted and processed in accordance with Section 118-83 of the Code of
the City of Fort Collins. The Final Plan of the subject property together
with the development agreement dated September 23, 1985, between the City
of Fort Collins and the developer and/or subsequent owners of the subject
property, are on file in the office of the Clerk of the City of Fort
Collins.
The subject property is more particularly described as follows:
Tracts "A", "B", and "C" of a plat known as Five Oaks Village at
Cunningham Corners - a Planned Unit Development, a tract of land
located in the southwest quarter of the southwest quarter of Section
26, Township 7 North, Range 69 West of the 6th P.M. Being a replat of
portions of Blocks Number 1, Number 2, and Number 3 of Cunningham
Corners - a Planned Unit Development, City of Fort Collins, Larimer
County, State of Colorado.
City Clerk
---
Secr tary, Planning and Zoning Board
City of Fort Collins
Dated: �ol�;-/bs—
$3.00
submitted by the Developer subject to certain requirements and conditions
hieh involvd'the installation of and construction of utilities and other
municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions
A. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters,
sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the
Council -approved standards and specifications of the City on
file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) year time limitation from the
date of execution of this agreement. In the event that the
Developer commences or performs any construction pursuant
hereto after two (2) years from the date of execution of this
agreement, the Developer shall resubmit the project utility
plans to the City Engineer for reexamination. The City may
require the Developer to comply with approved standards and
specifications of the City on file in the Office of the City
Engineer at the time of resubmittal.
B. No building permit for the construction of any structure
within the development shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets (with
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RCPTN # 86011383 QJ/06/86 11:10:17 # OF rtiu3S - 1 FEE -
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
NOTICE
Please take notice that on December 16, 1985, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final Plan known as
Amended Plats of Tracts "B" and "C" and Phase II of Five Oaks Village PUD,
Tract A at Cunningham Corners, which development was submitted and
processed in accordance with Section 118-83 of the Code of the City of Fort
Collins. The Final Plan of the subject property together with the
development agreement dated September 23, 1985 out of which documents
accrue certain rights and obligations of the developer and/or subsequent
owners of the subject property, are on file in the office of the Clerk of
the City of Fort; Collins.
The subject property is more particularly described as follows:
Tracts "B" and "C" of Five Oaks Village at Cunningham Corner,
A PUD, located in the SW 1/4 of the SW 1/4 of Section 26,
Township 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, Larimer County, Colorado
•
wreLa y, Piammng and Loning
ty of Fort Collins
Dated: li&
-7
$3.00
at least the base course completed) serving such structure
have seen completed and accepted by the City. No building
permits shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
C. Any water lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
shall be installed within the time and;or sequence required
on Exhibit "A". If the City Engineer has determined that any
water lines, sanitary sewer lines, storm sewer facilities
and/or streets are required to provide service or access to
other areas of the City, those facilities shall be shown on
the utility plans and shall be installed by the Developer
within the time as established under "Special Conditions" in
this document.
D. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the
development.
E. Street improvements (except curbing, gutter and walks) shall
not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property
line.
E. The installation of all utilities shown on the utility
-3-
drawings shall be inspected by the Engineering Division of
the City and shall be subjected to such department's
approval. The Developer agrees to correct any deficiencies
in such installations in order to meet the requirements of
the plans and/or specifications applicable to such
installation. In case of conflict, the utility drawings
shall supercede the standard specifications.
G. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and
adjacent properties against injury and to adequately serve
the property to be developed (and other lands as may be
required, if any). The Developer has met or exceeded minimum
requirements for storm drainage facilities as have been
established by the City in its Drainage Master Plans and
Design Criteria. The Developer does hereby indemnify and
hold harmless the City from any and all claims that might
arise, directly or indirectly, as a result of the discharge
of injurious storm drainage or seepage waters from the
development in a manner or quantity different from that which
was historically discharged and caused by the design or
construction of the storm drainage facilities, except for (1)
such claims and damages as are caused by the acts or
omissions of the City in maintenance of such facilities as
have been accepted by the City for maintenance; (2) errors,
if any, in the general concept of the City's master plans
(but not to include any details of such plans, which details
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shall be the responsibility of the Developer); and (3)
specific directives as may be given to the Developer by the
City. Approval of and acceptance by the City of any storm
drainage facility design or construction shall in no manner
be deemed to constitute a waiver or relinquishment by the
City of the aforesaid indemnification. The Developer shall
engage a licensed professional engineer to design the storm
drainage facilities as aforesaid and it is expressly affirmed
hereby that such engagement shall be intended for the benefit
of the City, subsequent purchasers of property in the
development and downstream and adjacent property owners
all of whom shall be third party beneficiaries of said
agreement between the Developer and Engineer.
H. The Developer shall pay storm drainage basin fees in
accordance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
estimated cost of the improvements on the attached Exhibit
"B", which improvements shall include right of way, design
and construction costs. The basin fee payable by the
Developer shall be reduced by the estimated cost of said
eligible improvements. Upon completion of such eligible
improvements, the amount of such reduction shall be adjusted
to reflect the actual cost. If the cost of the eligible
improvements constructed by the Developer and described in
the above mentioned exhibit exceeds the amount of the storm
drainage fees payable for the development, the City shall
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reimburse the excess cost out of the Storm Drainage fund upon
completion of the improvements and approval of the
construction by the City.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Water lines.
The Developer is repaying the City for his portion of a 24"
(twenty-four inch) water line in Shields through the
Cunningham Corners Special Improvement District.
B. Storm drainage lines and appurtenances.
(i). All storm drainage facilities shall be completed by
the Developer and approved by the City prior to the release
of more than four (4) building permits.
(ii). The Developer agrees to design and construct down-
stream drainage improvements as described on the attached
"Exhibit B - Offsite". Upon completion of improvements, the
amount shall be adjusted to reflect the actual cost. The
City shall reimburse the cost out of the Storm Drainage fund
upon completion of the improvements and approval of the
construction by the City.
C. Streets.
Prior to the issuance of more than six (6) building permits
or July 1, 1986, whichever shall first occur, the Developer
shall provide the City with all necessary information for the
vacation of Windmill Drive as a dedicated right-of-way within
Woodwest Seventh Filing. The Developer shall also, within
said period, remove all existing improvements and structures
within said vacated right-of-way and shall: (1) construct the
curb, gutter and sidewalk along Gunnison Drive in comformance
with plans on file in the City Engineer's Office, (2) con-
struct the pedestrian access from Gunnison Drive south to
the property line and, (3) install all landscaping required
by the City. All costs involved shall be borne by the Devel-
oper. Construction must begin no later than May 1, 1986. A
landscaping and grading plan for the area of said vacation
shall be submitted to the City for approval prior to May 1,
1985.
20
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the City Engineer
in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
construction has been approved by the City Engineer.
B. The Developer shall, at all times, keep the public
right-of-way free from accumulation of waste material or
rubbish caused by his operation, shall remove such rubbish no
less than weekly and, at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction
equipment, machinery, and surplus materials from the public
right-of-way. He further agrees to maintain the finished
street surfaces free from dirt caused by his operation. Any
excessive accumulation of dirt and/or construction materials
shall be considered sufficient cause for the City to withhold
building permits and/or certificates of occupancy until
corrected to the satisfaction of the City Engineer. if the
Developer fails to adequately clean such streets within two
(2) days after receipt of written notice, the City may have
the streets cleaned at his expense and he shall be
responsible for prompt payment of all such costs.
C. The Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
-7-
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of
erodabie earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations.
Temporary or permanent erosion control shall be incorporated
into the subdivision at the earliest practicable time. By way
of explanation and without limitation, said control may
consist of seeding of approved grasses, temporary dikes,
gabions, and/or other devices.
E. The Developer shall, pursuant to the terms of this agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such
building permits and certificates of occupancy as it deems
necessary to ensure performance hereof. In addition, it is
agreed and understood between the developer and the City that
the City shall have the right to refuse issuance of building
permits and certificates of occupancy in the subject
development as the City, in its sole discretion, shall deem
necessary in order to insure performance by the developer of
any other obligation the developer may have to the City,
whether pursuant to other development agreements, or
otherwise.
am
F. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees
to comply with all requirements of the same.
G. In the event the City waives any breach of this Agreement, no
such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or no'. appropriated or
budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
I. This Agreement shall be binding upon the parties hereto,
their successors, grantees, heirs, personal representatives,
and assigns and shall be deemed to run with the real property
above described.
\. 1
APPROVED:
^_r �t i ty Engineer
APPROVE AS TO FORM:
/City ney
IM
THE CITY OF FORT COLLINS, COLORADO
A Municipa},Corporation
By
Z.,ty Manager